A close-up look at NYC education policy, politics,and the people who have been, are now, or will be affected by acts of corruption and fraud. ATR CONNECT assists individuals who suddenly find themselves in the ATR ("Absent Teacher Reserve") pool and are the "new" rubber roomers, and re-assigned. The terms "rubber room" and "ATR" mean that you or any person has been targeted for removal from your job. A "Rubber Room" is not a place, but a process.

Tuesday, June 2, 2015

Reply to the POST article from Michael Thomas:

The article in the Post misrepresented the lawsuit. I did not allege that the meeting between the Mayor and the Communications Workers of America (CWA) should have been open to the public. The Education Law only provides that social, civic and recreational meetings must be open to the general public. (An SLT meeting is arguably a civic meeting.)

However, the meeting between the Mayor and the CWA – a labor union affiliated with the Working Families Party – was a meeting sponsored by a political organization. The Education Law does not require that such a meeting is open to the general public, but does require that the meeting is first authorized by the Panel for Educational Policy. The lawsuit alleges that the DOE improperly permitted the meeting, and the Special Commissioner of Investigation participated in a cover up.

I take issue with being called a “gadfly.” We are all advocates for an educational system that does not rely solely on charter schools to correct its deficiencies.

Gadfly and former math teacher Michael Thomas says in a new Manhattan lawsuit that Mayor de Blasio broke the law by barring a Post reporter and the rest of the public from a meeting at a Brooklyn elementary school last year.

Thomas, 63, of the Upper East Side, worked in city schools from 1989 through 2012. He won a lawsuit against the city in April after he was deniedentryto a School Leadership Team meetingon Staten Island.

A spokesman for the city’s Law Department said of Thomas’ current case, “We will review the complaint once we are served,” with court papers.

Are you listening, New York State? Let's keep tenure law on the books, and keep our teachers safe and sound.

Betsy Combier

Just in: Court of Appeals Says Repeal of NC Tenure Law is
Unconstitutional
Posted by : Sharon McCloskey Tuesday, June 2, 2015LINK

The General Assembly’s 2013 repeal of the teacher tenure law amounted to an
unconstitutional taking of contract and property rights as to those teachers
who’d already attained that status, according to a Court of Appeals opinion
released this morning.

(W)e cannot escape the conclusion that for the last four decades, the career
status protections provided by section 115C- 325, the very title of
which—“Principal and Teacher Employment Contracts”— purports to govern
teachers’ employment contracts, have been a fundamental part of the bargain
that Plaintiffs and thousands of other teachers across this State accepted when
they decided to defer the pursuit of potentially more lucrative professions, as
well as the opportunity to work in states that offer better financial
compensation to members of their own profession, in order to accept employment
in our public schools.

The ruling by the three-judge panel affirms Superior Court Judge Robert H.
Hobgood’s decision handed down a little over a year ago.

Under North Carolina’s “Career
Status Law,” teachers in their first four years were deemed
“probationary” and employed year-to-year under annual contracts. At the end of
the four-year period, they became eligible for career status, giving them
rights to continuing contracts and due process protections from arbitrary or
unjustified dismissals.

In summer 2013, lawmakers enacted a repeal of that law in an effort to rid the
state of tenure by 2018, saying that it enabled bad teachers to stay in the
system.

They eliminated tenure for teachers who had not reached career status by August
2013 and revoked career status for all teachers by July 2018.

As an enticement for already-tenured teachers to act sooner, lawmakers also
required local school boards to offer 25 percent of them temporary 4-year
contracts with annual raises of $500 in exchange for giving up their tenure
rights early.

In May 2014, Judge Hobgood ruled that the revoking of tenure for teachers who’d
already reached career status was unconstitutional, as was the “25 percent”
plan, which Hobgood said included no standards to guide school districts and
served no public purpose.

As to teachers who had not yet achieved career status, though, Hobgood found
that they had no protectable contract rights and thus could not challenge the
repeal.

Two judges on the panel, Stephens and Martha Geer, largely agreed with
Hobgood’s ruling.

But Court of Appeals Judge Chris Dillon issued a separate opinion in which he
agreed only with the lower court’s finding that tenured teachers had property
rights warranting a hearing in the event they were dismissed (something the
repeal did not allow).

Teacher Tim McNamara has concerns about the implementation of the state’s new contract system, which willeventually replace teacher tenure

Teachers worried and confused over new contract systemLINK
Posted on 11/20/2013 by Lindsay Wagner

Durham Public Schools high school English teacher Tim McNamara just got his
first up-close look into the implementation of the new teacher contracts that
were passed into law last July.

The contracts, which will eventually replace teacher tenure and are slated to
begin with the 2014-15 school year, were described by DPS’ Office of Human
Resource Services in a draft Power Point presentation forwarded to McNamara via
email by another educator. The presentation also proposes a selection process
for awarding 4-year contracts that come with a $5,000 pay bump to 25 percent of
all eligible teachers.

“A couple of colleagues apparently went to a meeting on the new contracts that
I wasn’t invited to,” said McNamara. “Then one of them just forwarded along an
email about this that said, “if you have any questions, just look over the
Power Point.”

McNamara does have a few questions about the selection process for the 4-year
contracts, in addition to concerns surrounding the contracts altogether.

“I think in general the big concern is that if you look closely,” said
McNamara, “it [the contract system] removes a right to a hearing or a right to
request information about why our contracts might not be renewed. So there’s no
recourse if we’re not asked back after a 1-, 2-, or 4-year contract.”

According to one lawmaker, the new teacher contracts have not been
well-received by teachers and principals in his district – regardless of
political affiliation.

“I just finished visiting 33 schools over a six and a half week period in my
district,” Rep. Rick Glazier, D-Cumberland, told NC Policy Watch. “Almost
without exception, principals and faculty members talked to me about this
[teacher contract] provision and the incredibly demoralizing effect it is
having in combination with other legislative changes that happened this year.”

The shift from tenure to contracts

Teacher tenure, formally known as “career status,” was enacted in North
Carolina in 1971, under “An Act to Establish an Orderly System of Employment
and Dismissal of Public School Personnel.”

Career status was intended not as a guarantee of a job for a school teacher,
but rather as a protection of due process rights. If a teacher finds that he or
she has been dismissed or demoted, with career status that teacher has a right
to a hearing by a neutral third party that would sift through the evidence and
make a determination of whether or not the dismissal or demotion was based on
sound evidence.

In July, lawmakers passed a budget bill that abolishes career status for
teachers.

Public school teachers protested an end to tenure this summer outside the NC
General Assembly.
Public school teachers protested an end to tenure this summer outside the NC
General Assembly.
Sen. Phil Berger is a longtime proponent of doing away with teacher tenure,
saying that the current system does not remove bad teachers from the classroom.

“Our current system, in many respects, rewards mediocrity, punishes excellence
by granting unlimited job security to all who teach a few years,” Berger said
last March at a news conference to unveil his Excellent Public Schools Act of
2013 – which contained language that ended career status and was ultimately
inserted into the budget bill passed last summer.

In place of career status, lawmakers have devised a system that puts teachers
on 1-, 2- or 4-year temporary contracts. Teachers whose contracts are not
renewed would not have a right to a hearing or even an explanation as to why
they are being let go.

For the 2014-15 school year, teachers who already have tenure have the option
of choosing whether or not they want to give up their tenure for a contract. By
2018, however, all teachers will be required to be on contracts and tenure will
be completely abolished.

At this stage, only 25 percent of teachers will have the option of accepting
4-year contracts, which come with a $5,000 pay increase spread out over those
four years. It’s not clear if teachers will have an opportunity to opt-in to
4-year contracts after the 2014-15 school year.

The State Board of Education is currently considering this model contract for
teachers, viewable here.

Selecting the 25 percent

How will local school districts choose the teachers who will be eligible for
4-year contracts—and the $5,000 raises?

“Previously, I had been told our principal would make the determination,” said
Tim McNamara, who teaches English at Middle College High School at Durham Tech.
“But the Power Point says the superintendent will have the authority to make
selections and will use criteria like years of teaching and evaluations to
determine who gets the contracts.”

The law provides some guidance on selection of the 25 percent of teachers
eligible for 4-year contracts.

Selected teachers must have been employed for at least three consecutive years
by the local school board. And during the academic year 2013-14,
superintendents shall review the performance and evaluations of all teachers,
selecting 25 percent of those who have shown effectiveness as demonstrated by
proficiency on the teacher evaluation instrument and recommending them for
4-year contracts to the local school board.

Durham Public Schools’ Power Point presentation, which is a working draft that
contains a selection process that could change and must be approved by the
local school board, according to DPS’ Director of Public Information Chip
Sudderth, indicates that 355 of Durham’s teachers and other instructional
personnel can be eligible for 4-year contracts.

To determine who could be one of the 355 teachers, the presentation provides
the following guidance:

“Review evaluations of eligible staff (3 years or more) and eliminate staff who
are not proficient on any standard. If narrative evaluations or no evaluations
are available a committee of 3: HR Administrator, TOY and POY will use a point
system and determine proficiency and numerical ratings.

Assign numerical value to standards included in the teacher summary rating
form: Not Demonstrated-0; Developing-1; Proficient-2; Accomplished-3;
Distinguished-4 for past two years (2011-12 & 2012-13); divide total by
number of ratings; sort highest to lowest.”

McNamara says this system has some problems.

“So the superintendent will use my principal’s evaluation, which will be
converted into points that may or may not qualify me for the 25 percent. But
there’s no consistency there, because my principal could evaluate me
differently than how another principal evaluates someone at another school,”
said McNamara.

“Furthermore,” he said, “how do you rank someone who teaches honors level ACT
students and compare that person with a teacher who deals with students in 9th
grade remedial English?”

Who will take advantage of the contracts?

“You are asking us to build the gallows.”

That message was from one teacher in Rep. Rick Glazier’s district, who refused
to take part in a principal’s brainstorming session seeking teacher input on
selecting the 25 percent of teachers who would get 4-year contracts with
raises.

Teachers are already frustrated with the raft of changes brought by the General
Assembly in 2013. Salaries were frozen yet again, even though North Carolina
ranks 46th in the nation in teacher pay. Cuts to instructional supplies and
teacher assistants were severe. Teachers will no longer be afforded salary
supplements for advancing their education. The NC Teaching Fellows program was
defunded in exchange for bolstering the Teach For America program.

Implementing a pay for performance system, as the 4-year contract begins to do,
could lower student achievement.

“Performance-based pay will likely take more of the focus away from the true
exploration of ideas…and redirect the focus onto achieving higher test scores,
which don’t necessarily reflect “better” educational techniques or outcomes,”
said one teacher who submitted their story to NC Policy Watch’s “Your Soapbox”
feature.

If eligible teachers don’t take advantage of the 4-year contracts in order to
hold onto tenure and their due process rights, they also give up a real chance
at pay raises – the first they have seen in years.

“Let’s say I haven’t gotten a raise in the last 5 years,” said McNamara, “and I
opt out of the 4-year contract or I don’t qualify—then I’m looking at nine
years of no pay raises here in North Carolina.”

Also unclear: what happens when not all of the 25 percent of eligible teachers
accept the 4-year contracts? What is done with the surplus funds?

Who can opt out?

Public charter schools, which are funded with taxpayer dollars, are exempt from
implementing the new teacher contract system.

Most charter schools do not adhere to the state salary schedule nor do most of
them provide career status, or tenure, to their teachers to begin with.

Beth Carter, a teacher at Cape Fear Center for Inquiry, K-8 charter school in
Wilmington, says she’s happy her school is excluded from the contract system.

“I don’t want our director to have to make that decision,” Carter said about
awarding only 25 percent of the staff with contracts that include raises. “And
I don’t want our staff to be divided. It [the contract system] is so counter to
what we’re trained to do as professionals. We’re trained to collaborate and
help one another, not compete and get someone’s attention so we’ll get more
money than someone else.”

Eddie Goodall, executive director of the North Carolina Public Charter Schools
Association, says charter schools already have the ability to reward the best
teachers.

“The purpose of the new law is to separate educators based on their
effectiveness. Charter schools can already do that, and I hope that charter
schools are rewarding excellent teachers.”

Some traditional public schools are already looking to exclude themselves from
the teacher contract system.

All of the teachers and support staff at Murray Middle School in New Hanover
County have signed a petition to oppose the contract provision and reject any
state money associated with it.

It’s not clear whether or not schools or local school boards have the legal
standing to reject the teacher contract provision of the law.

“If there’s any capacity to do it,” said Rep. Glazier about rejecting the
contract provision, “then local school boards ought to try.”

“But more importantly, local school boards should pass resolutions opposing the
provision, explaining why its ill-timed and ill conceived, and suggesting the
legislature repeal the provision. Then they should send those resolutions to
the legislature and the Governor’s office,” said Glazier.

Tim McNamara says he will definitely opt out of the contract provision.

“I have zero intention of coming back to North Carolina schools after this
year,” said McNamara.

In addition to seeking out better job security, McNamara said, “there are 46
other states that will pay me a fair and equitable wage.”

Bruce Lederman, an attorney acting on behalf of his wife, experienced elementary school teacher Sheri Lederman, filed suit to challenge the state’s teacher evaluation system. The New York State Education Department sought to have the case thrown out. Today, the New York Supreme Court ruled that the lawsuit can go forward. Good for the Ledermans!

From Bruce Lederman:

The NY Supreme Court has denied a motion by the NY Education Department to dismiss the Lederman v. King lawsuit, in which an 18 year veteran Great Neck teacher has challenged a rating of “ineffective” based upon a growth score of 1 out of 20 points, even though her students performed exceptionally well onstandardized tests.

This means that the NY Education Department must nowanswerto a Judge and explain why a rating which is irrational by any reasonable standard should be permitted to remain. The NY Education Department argued that Sheri Lederman lacked standing to challenge an “ineffective” rating on her growth score since her overall rating was still effective and she was not fired. A judge disagreed and determined that an ineffective rating on a growth score is an injury which she is entitled to challenge in Court.

Now, Sheri will have her day in Court. A hearing will likely be scheduled in August.

Saturday, February 21, 2015

NYSED Can't Come Up With The Data To Show Why Sheri Lederman Is "Ineffective" On The APPR Test Component

In Sheri Lederman's 18 years of teaching, failing her students has never been a concern.

Her employers consider her to be an "extraordinary teacher" and her students' parents refer to her as "one of the most influential educators" their children have ever had. Her students, years after they sat in her fourth-grade classroom, cite her as an integral part in their strong academic careers.

But when the State Education Department's teacher ratings rolled out in September, the Great Neck public school teacher was found to have scored only one point out of 20 — deeming her ineffective — in theOffice of Assessment's Growth Score andRating system. Lederman's students, however, met or exceeded test standards at more than twice the state's average scores since the new testing standards were implemented two years ago, according to State Education Department data.

Lederman is suing NYSED over the "ineffective" test growth score, but NYSED is trying to have the suit dismissed:

Lederman was told by the State Education Department that she can't appeal her growth rating score, because it is a subcomponent of her composite score of "effective" for the 2013-2014 school year. Lederman was told her only option was to sue, so that's what she has done, with the aid of her husband who is serving as her attorney.

Now, the state is attempting to dismiss Lederman's suit, which claims the evaluation system and Lederman's rating is "arbitrary, capricious and an abuse of discretion," according todocuments filedwith the stateSupreme Courtin Albany. The state argues that Lederman's concern about parents finding out her low score is unfounded, as the information can't be accessed through a Freedom of Information Act Request.

Additionally, the state argues her other evaluation scores are high enough that her low growth rating does not bring her overall composite score to the level requiring disciplinary action, according to court documents.

The State Education Department declined comment on the case, citing the pending litigation.

Okay, they're arguing "No harm, no foul," since Lederman was rated "effective" overall and she faces no disciplinary action as a result of the "ineffective" sub-component rating, but if Cuomo gets his education reform agenda that will make test scores 50% of the APPR rating, this kind of sub-component evaluation will have a major effect on teachers in the near future.

So it's interestin to see that NYSED can't come up with the data to show why Lederman is "ineffective" on her state test sub-component - but they can't:

Neither Lederman nor the district administration has been provided any data to support why she received only one out of 20 points.

NYSED is going the coward's route, looking to have the suit dismissed on the "No harm, No foul" rule, and for all I know, that just may work in this case.

But eventually they're going to have show cause for why teachers are being rated "ineffective" on the state test sub-component - especially if and when Cuomo ups the state test sub-component to 40% or 50% of APPR overall - and then theyWON'Tbe able to argue the "No harm No foul" rule.

Testimonials From Some of Our Clients

“Dear Betsy,
I am forever indebted to you, Betsy, for your expert advice throughout a horrific ordeal. You worked tirelessly to prove my innocence in a 3020a proceeding that was instigated by a corrupt school district and fueled by lies. My proceedings ended with my complete exoneration, my record expunged and my immediate return to the classroom. We didn’t even need to file an appeal! Thank you, Betsy. I am now eligible to retire and enjoy the benefits you helped me to protect. God bless you and the work you do protecting the innocent
Maria G;

Alexandra F.

Dear Betsy,

I just wanted to reach out and say thank you for CONSTANTLY being there for me throughout such a tumultuous time in my life. I have been battling severe harassment at my place of work for months now, and you have advised me through every single second of it. I would not have had the strength or confidence to battle such an evil administration without your help. You have answered my phone calls from 7AM through nearly midnight with any and all of my concerns. I have called you countless times to just vent, or even cry, and you have been there with open arms to pivot my negative anticipations into positive advocacy. You have gone above and beyond your line of duty to help me, and for that, I can never repay you. You have changed the outcome of my life, and led me to justice. More importantly, you have led me to happiness again, for which I am eternally grateful. As I am getting older, I am realizing that there are many bad people in this world, but you are TRULY one of the good ones. When one finds a great person in life with their true best interest at heart, they should hold onto that and take their word as bond. My last statement truly defines you, an expert in what you do, as well as a 24 hour support system. You are amazing Betsy, and my life would truly not be the same if you had not stepped into it!!!!!

Thank you again for EVERYTHING you have done for me. Your advisement and care will be carried in my heart for the rest of my life.

Alexandra F.

Tollyne D.

After 18 years of service, the general consensus as a union member is that you cannot trust people and you have to be extremely careful who you talk to. I was brought up being told that I should be sure that the person I am speaking to is knowledgeable and to be TRUSTED, and Betsy Combier is such a person. She consistently proves that she is trustworthy, very knowledgeable and caring, time and time again.

Tollyne D.

David P.

To whom this may concern,
I want to recommend Betsy Combier as the best person you could have in your corner. From the first day I met Betsy I felt secure. I had the misfortune of having to go through a 3020a hearing and with help of Ms. Combier my job was secure, I don’t know where I would be without Betsy’s help and support. She is still assisting me with my federal case. I could not recommend Betsy any higher, she is a person of her word, and her expertise is important and necessary for everyone without any problem.
David P.

Jason R.

I met Betsy Combier approximately about 5 years ago, as a result of a recommendation from a colleague. Since then she has been an advocate of mine ever since, and has worked above and beyond my expectation. Betsy fights against the wrongdoing of public education officials in New York City. Throughout the extremely difficult arbitration, Betsy fought for my unalienable rights, even though my former principal did everything in her power to tarnish my name and damage my career.
Betsy is not an attorney yet she has the experience and knowledge that is above and beyond that of an attorney and follows through on all issues. She is truly an angel from heaven above, and a quality public defender.

Laura B.

I was charged with a 3020A in October 2016 after receiving three developing ratings in a row. I called numerous law firms as well as my union. Most people who I talked to said that I should settle because I was fighting a losing battle. A lawyer told me that anyone that says you can win a 3020A is a liar. I heard about Betsy from a teacher placed in my building who was going through the 3020A process. I hired Betsy and one of the Attorneys who works with her and her company, and won my case! Betsy saved my job and saved my life because she was emotionally supportive at a time when I needed it the most. Betsy goes above and beyond for her clients. She is readily available day and night for her clients. Betsy’s knowledge of education law is exceptional and she was a great help to my attorney. Betsy is relentless and fights hard for her clients.

ADVOCATZ

Contact me with a concern or issue

I assist anyone who needs help, so email me your problem to start the ball rolling! I am a teacher/parent advocate, and I am the editor/writer for this blog and the website parentadvocates.org. I also write about court corruption on my blog "NYC Court Corruption". I am interested in random injustice and the criminalizing of innocent people. If you want to chat you may email me at: betsy.combier@gmail.com and I'm on twitter and have a facebook page too. I'm not an attorney and do not give legal advice.

If you want to talk with me about your 3020-a charges, I consult and go over your case without charge. No fee.

And, in response to the lies of certain individuals who resent my work, the truth is that all conversations are confidential and I do not tape secretly.

Betsy Combier

My Thoughts and Raison d'etre

This blog is about the denial of Constitutional rights by the Mayor, the New York City Department of Education and the Chancellor, New York State and Federal Courts, New York State legislature, and the United Federation of Teachers (UFT), as well as PACs and all parties participating in the business of public school education in New York City, to harm and in neglect of parents, children, and staff of public schools in the five boroughs. These thoughts are not simply mindless conclusions reached out of thin air, but a result of 14 years of research into the NYC DOE and the Courts as a reporter and paralegal.
I am an advocate of Unions and union rights, public schools and charters, and learning online as well as outside of the classroom. I cannot and do not support anyone, whether they be union management, government, private members of the political or legal system, or simply retired teachers with an agenda, if he or she tramples, discards, or rebuffs anyone's individual civil rights. As a reporter, journalist, advocate, researcher and paralegal, I have created this blog to inform the public about my experience working for the UFT and being the parent of four daughters who went through the public school system in NYC, as well as examine issues that flow from the massive denial of due process rights that I saw and have documented. The two most important points you should remember: first, everyone at the New York City Board/Department of Education and all Union bigs are motivated by power and money, and looking good. If anyone dares to blow the whistle on these racketeers, retaliation follows, so be a strategist; second, I am not an Attorney and nothing I write or say is legal advice, simply my thoughts. Take 'em or leave 'em.
Betsy Combier, Editor
NYC Rubber Room Reporter
http://nycrubberroomreporter.blogspot.com
New York Court Corruption
http://newyorkcourtcorruption.blogspot.com
Parentadvocates.org
http://www.parentadvocates.org
Facebook: http://www.facebook.com/betsy.combier
Twitter: http://twitter.com/BetsyCombier
The NYC Public Voice
http://nycpublicvoice.blogspot.com/betsy.combier@gmail.com
Lawline July 27, 2011
http://www.teachem.com/lawlinetv/learn/lawline-tv-teachers-unions-the-last-in-first-out-rule/

Principal Anne Seifullah changes her image so that she can keep her job amidst sexting and trysts in the school, Robert Wagner Secondary Sch...

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FAITH

When we walk to the edge of all the light we have and take the step into the darkness of the unknown, we must believe that one of two things will happen. There will be something solid for us to stand on or we will be taught to fly. Patrick Overton

Truth Seeks Light - Lies Seek Shadows

sayin like it is

Actions Have Consequences

Writing as Music

Rubber Room teachers wish me a happy birthday (2006)

"Educating the mind without educating the heart is no education at all."

- Aristotle

Important Numbers

Amy Arundel (ATR Point Person) 212-510-6468

UFT www.uft.org

OPI (Problem Code) 1-718-935-2666

UFT Certification Services 1-212-420-1830

Teachers REtirement System 1-888-869-2877

Mandated Reporters 1-800-635-1522

Staten Island UFT 1-718-605-1400

Brooklyn UFT 1-718-852-4900

Bronx UFT 1-718-379-6200

Manhattan UFT 1-212-598-6800

Queens UFT 1-718-275-4400

Rubber Room Satire

The Labor Movement

The Teaching Equation

We Can Work Out Our Differences

The E-Accountability Foundation

The E-Accountability Foundation brings you this blog which highlights issues that have or should be read by people interested in civil rights, and accountability. The E-Accountability Foundation is a 501(C)3 organization that holds people accountable for their actions online and, through the internet, seeks to bring justice to anyone who has been harmed without reason. We give the'A for Accountability' Awardto those who are willing to blow the whistle on unjust, misleading, or false actions and claims of the politico-educational complex in order to bring about educational reform in favor of children of all races, intellectual ability and economic status.

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Performance Management - Office of Labor Relations

From Betsy Combier

The NYC Office of Labor Relations, with the support of the UFT, has issued to principals a document called"Performance Management" on how to get rid of an incompetent teacher. Who is an "incompetent teacher"? Anyone the NYC Department of Education wants to remove from the system because he/she is too senior (makes too much money), is disabled (and therefore cannot be deemed factory-perfect) and/or is other impaired (is a whistleblower, cannot be intimidated, is ethnically challenged - not the 'right' race, etc).

Candace R. McLaren

Director, Office of Special Investigations (OSI)

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Polo Colon

"Rubber Room"

(1) a space where a worker subject to a disciplinary hearing or other administrative action waits and does no work; generally, a place or personal mind-set of isolation.(2) a literal reference to a padded cell, which is, according to the New Oxford American Dictionary, “a room in a psychiatric hospital with padded walls to prevent violent patients from injuring themselves.”from Double-Tongued Dictionary http://www.doubletongued.org/index.php/dictionary/rubber_room/

"Rubberization"

The word "rubberization" is a new word that is used to describe the process of assigning and paying people to sit and do nothing in a drab room away from their place of employment while their employers make up charges that allege sexual or corporal misconduct without any facts upon which to base the allegation on.

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Theresa Europe, NYC BOE ATU Director

Robin Greenfield

Deputy Counsel to the NYC DOE

UFT Pres. Mike Mulgrew and NYC Mayor Mike Bloomberg

UFT umbrella pals

New York State Supreme Court Judge Manuel Mendez

ATR CONNECT

Tenured Teachers who are found to be guilty of misconduct or incompetency at 3020-a but are not terminated, who have blown the whistle on the misconduct of politically favored NYC Department of Education employees, and/or who are simply disliked for any reason can suddenly find themselves in the ATR ("Absent Teacher Reserve") pool - employees without rights or voices, and without chapter leader union representation.

This new group of people are the "new" rubber roomers without representation at the UFT and denied the protection of the Collective Bargaining Agreement, because basically they have been pushed out of their jobs unfairly and under color of law by Mayor Bloomberg and the Chief Executives of the Department of Education who call themselves "Chancellors", "Network Leaders", "Superintendents", etc., consistently without any facts or evidence to support the false claims.

A group of teachers who are, or were, made into ATRs, ATR Polo Colon, and I, Betsy Combier, an advocate for transparency and labor/employment rights, have joined together to expose the denial of due process, civil and human rights by chiefs of the NYC Department of Education (NYC DOE), certain arbitrators at 3020-a, leaders of the United Federation of Teachers (UFT), the "investigators" -agents who work for the Special Commissioner of Investigation (SCI), Office of Special Investigation (OSI), and the Office of Equal Opportunity (OEO) - and the Attorneys who work for the New York United Teachers (NYSUT), and the New York Law Department (Corporation Counsel).

In order to protect the safety of those who join this group to promote an end to the "Rubberization" process described on this blog since 2007, names of those who tell their stories will, for now, remain anonymous if the person so desires, and Polo and I will be the gatekeepers. So if you are an ATR, or know a story involving an ATR or someone re-assigned or about to go into a 3020-a, please use the email address advocatz77@gmail.com and give us your contact information. We will protect your anonymity and hold onto your privacy.

Betsy Combier and Polo Colon, Editors

FAITH When we walk to the edge of all the light we have and take the step into the darkness of the unknown, we must believe that one of two things will happen. There will be something solid for us to stand on or we will be taught to fly.

Patrick Overton

We have forty million reasons for failure but not a single excuse.Rudyard Kipling (1865-1936)

The Re-Assignment Overview by Betsy Combier

The New York City Board of Education decided in 2002 to rid the public school system of staff who interfered with their takeover and control. The criteria for a "good teacher" is now, more often than not, a "silent teacher", a person who never asks questions, is younger than 40, is making a salary below $50,000, does not care about kids and what they learn, or whether or not money (books, supplies, equipment, etc) is missing. When a teacher or staff member of a school dares to do the right thing and speaks out about wrong-doing - this person is often called a "whistleblower" or "flamethrower" - or, simply is not liked for any reason by the Principal/NYC personnel, suddenly he/she is accused of something by somebody ("given a label of "A", "B", "C", and so on) and whisked away to a drab room called a temporary re-assignment center or "rubber room". Members of the offices of the Special Commissioner of Investigation or the Office of Special Investigations then start work on building a case against the person to justify their being thrown in prison, declared "unfit for duty", or, as Mr. Joel Klein has said, characterized as "guilty of sexual activities and corporal punishment" against the children of New York City.The stories of the people I have met who sit every day in the 8 rubber rooms of NYC prove to me that Mr. Klein is very wrong about his assessment, and this blog is created to prove it to you.

Puppy Snooze

US Department of Labor ELAWS

Aeri Pang, Gotcha Squad Attorney

Attorney Pang, red dress, now chief Attorney For New York State Supreme Court Judge Cynthia Kern

New York State Supreme Court Judge Cynthia Kern

NYC EdStats You Can Use

$12.5 billion: Annual New York City Department of Education (DOE) budget (2002)

$21 billion: Annual New York City DOE budget (2009)
1,719: Number officials employed by the DOE central administration in June 2002

2,442: Number of officials employed by the central administration as of November 2008

2: Number of DOE officials earning more than $180,000 per year in 2004.

22: Number of DOE officials earning more than $180,000 per year in 2007.

5: Number of DOE public relations staffers in 2003.

23: Number of DOE public relations staffers in 2008.

944: Number of contracts approved by DOE in 2008, at a total cost of $1.9 billion.

20: Percentage of contracts that exceeded estimated cost by at least 25 percent.

$67.5 million: Annual budget of Project Arts, a decade-old program that was the sole source of dedicated funding for arts education. It was eliminated in 2007.

86: Percentage of principals who said in a 2008 poll that they were unable to provide a quality education because of excessive class sizes in their schools.

100,000: Number of seats DOE plans to provide for charter school students by 2012.

25,000: Number of seats DOE plans to build under 2010 to 2014 capital plan.

66,895: Number of K-3 school-children in classes of 25 or more during the 2008-09 school year.

15,440: Average number of seats per year built during the last six years of the Rudolph Giuliani administration.

10,895: Average number of seats per year built during the first six years of the Bloomberg administration.

27.2: Percentage of newly hired teachers in 2001-02 who were Black.

14.1: Percentage of newly hired teachers in 2006-07 who were Black.

53.3: Percentage of newly hired teachers in 2001-02 who were white.

65.5: Percentage of newly hired teachers in 2006-07 who were white.

76: Percentage of white and Asian students who performed better than the average Black and Latino students in 8th grade English Language Arts (ELA) in 2003.

75: Percentage of white and Asian students who performed better than the average Black and Hispanic students in 8th grade ELA in 2008.

77: Percentage of white and Asian students who performed better than the average Black and Hispanic 8th graders in math in 2003.

81: Percentage of white and Asian students who performed better than the average Black and Hispanic 8th graders in math in 2008.

54: Percentage of New York City public school parents who disapproved of Mayor Bloomberg’s handling of education, according to a March 2009 Quinnipiac poll.

Sources: New York City Council, New York City Comptroller’s Office, New York Daily News, New York Post, Eduwonkette, Quinnipiac Institute, Black Educator, Class Size Matters, New York City Schools Under Bloomberg and Klein.

Betsy Combier and NYSUT lawyer Chris Callagy

The New York City Whistle Award

NYC Whistlers, Winners of the NYC Whistle Award

...are those individuals in New York City who are willing to whistleblow unjust, misleading, or false actions and claims of the politico-educational complex in order to bring about educational reform in favor of children of all races, intellectual ability and economic status. Whistlers ask questions that need to be asked, such as "where is the money?" and "Why does it have to be this way?" and they never give up.

These people have withstood adversity and have held those who seem not to believe in honesty, integrity and compassion accountable for their actions.

Congratulations, and keep up the good work!

Betsy Combier

Special Commissioner of Investigation Richard Condon

Condon "qualified" for his current post after Bloomberg lowered standards; who will leash him?

A great teacher

After being interviewed by the school administration, the prospective teacher said: 'Let me see if I've got this right.

'You want me to go into that room with all those kids, correct their disruptive behavior, observe them for signs of abuse, monitor their dress habits, censor their T-shirt messages, and instill in them a love for learning.

'You want me to check their backpacks for weapons, wage war on drugs and sexually transmitted diseases, and raise their sense of self esteem and personal pride.

'You want me to teach them patriotism and good citizenship, sportsmanship and fair play, and how to register to vote, balance a checkbook, and apply for a job 'You want me to check their heads for lice, recognize signs of antisocial behavior, and make sure that they all pass the final exams.

'You also want me to provide them with an equal education regardless of their handicaps, and communicate regularly with their parents in English, Spanish or any other language, by letter, telephone, newsletter, and report card.

'You want me to do all this with a piece of chalk, a blackboard, a bulletinboard, a few books, a big smile, and a starting salary that qualifies me for food stamps. 'You want me to do all this and then you tell me. . . I CAN'T PRAY?

NYC Police Commissioner Ray Kelly

Joel Klein's famous statement about rubber room teachers and staff

On November 27, 2006, temporarily re-assigned teacher (TRT) Polo Colon asked Joel Klein, the "pretend" Chancellor of the NYC public school system, if he had voted to terminate teachers at the secret Executive Session held just before the public meeting of the Panel For Educational Policy.Mr. Klein answered,"We did not vote to terminate you. We did vote to terminate a teacher in executive Session...in fact, we voted to terminate two teachers. It's perfectly consistent with the law.Many teachers have been charged with sexual activities and some are charged with corporal punishment...I have no interest in removing people who are qualified to teach, I can assure you, because I dont get any return...and in fact, I have complained publicly about how long this process drags out. But our first concern will always be and, as a former lawyer and somebody who clerked on the United States Supreme Court I will tell you, there is no violation of due process whatsoever..."- extracted from the audiotape of the PEP meeting bought by Betsy Combier after filing a FOIL request to the NYC BOE

Rally November 2008 at Tweed

November 26, 2007 Candelight Vigil

Thousands of teachers and school staff members rally at Tweed

A Review of Battling Corruption in America's Public Schools by Betsy Combier

Lydia Segal's book puts the NYC, Chicago, and California Departments of Education on notice....we who have read this book know more about how the system is not there for our kids than "you" want us to know. Lydia Segal's book Battling Corruption in America's Public Schools changes the public school reform movement forever. We can no longer assume that more money allocated to our schools will "fix" the disaster that is our public school system.

Lydia Segal draws on her 10 years of undercover investigation and research in over five urban school districts, including the three largest, New York City, Los Angeles, and Chicago, and the two most decentralized, Houston and Edmonton, Canada, to provide, in her new book Battling Corruption in America's Public Schools, the details of the corruption, theft, fraud, and patronage that has overrun our public school establishment for several decades. There is no question that anyone who is interested in school reform -this means anyone who pays taxes, is a parent or guardian of a child attending school and/or who works toward a goal of establishing an education system that puts children first - must read this book. Ms. Segal's research and information on the education establishment's 'dark' side outrages the reader, and incites us to demand change. Her book therefore, is much more than a book, it is a call to action. We cannot be bystanders any longer to the systemic abuse she so vividly describes, and we will never be able to listen in the same way ever again to school Principals, Superintendents, school custodians or district board members as they request more money "to help the children."

The book's detailed reports on the corruption and crime in our public schools, supported by 52 pages of interview notes, references and specific examples, provide irrefutable evidence that the current failures of our nation's public schools are not due to the lack of money but the impossibility of getting the money to the children who need it and for whom the money is allocated in the first place. Recent statistics show that students of all ages are not learning what they need to know, schools are overcome with violence, teachers are demoralized, and yet billions of dollars are literally shovelled into the system every year. The New York City school system receives more than $16 billion every year; Los Angeles, $7 billion; and Chicago, $3.6 billion. Where does this money go? We have all asked this question as we have walked through school hallways dodging the paint falling off the walls and ceilings, watching our children sitting on broken chairs, using bathrooms without running water or toilet paper, and struggling to achieve their personal best without the services and resources they are supposed to have. Battling Corruption in America's Public Schools is the first book ever to systematically examine school waste and corruption and how to fight it. Ms. Segal, an undercover school investigator turned law professor, documents where the money goes, how waste and fraud embedded in the operation of large school bureaucracies siphon money from classrooms, distort educational priorities, block initiatives, and what we can do to bring badly-needed change. She describes in detail how only a small percentage of the money allocated to students in our public schools actually gets used by them due to corruption and waste, and how city school systems scoring lowest on standardized tests tend to have the biggest criminal records and most payroll padding. Coding problems, the procurement process, compartmentalization and opacity of information leave administrators with only two options: good corruption (which ultimately helps the kids) and bad corruption (which never helps anyone but the perpetrator and his/her allies and accomplices). Indeed, the system fights those who try the good corruption route.

Ms. Segal argues that the problem is not usually bad people, but a bad system that focuses on process at the expense of results. Decades of rules and regulations along with layers of top-down supervision make it so hard to do business with school systems that they encourage the very fraud and waste they were designed to curb. She tells us about how the "godfathers" and "godmothers" (the school board members) obtain jobs for their "pieces" in order to protect the systemic waste and fraud from being dismantled or exposed. Fortunately, she writes, there are good people involved in the corruption as well who must violate the rules in order to get their jobs done. Nonetheless, absurdities abound: school systems following rules to save every penny spend thousands of dollars hunting down checks as small as $25; it takes so long to pay vendors for their work that some have to bribe school officials to move their checks along; caring Principals who want to fix leaky toilets may have to pay workers under the table because submitting a work order through the central office could, and often does, take years. Meanwhile, those who pilfer from classrooms get away with it because the pyramidal structure of large districts makes schools inherently difficult to oversee. What makes Battling Corruption in America's Public Schools a must-read is not only the fascinating - and depressing - details of the systemic wrong-doing but also Ms. Segal's suggestions for reform, based on the proven track records of school systems across North America that have successfully reduced waste and fraud and have pushed more resources into schools.

The pathology of the corruption suggests the remedy, Ms. Segal says, which is decentralization of power into the schools and the hands of the Principals. Distilling what successful school systems have done, Segal advocates new forms of oversight that do not clog up school systems and recommends giving principals more discretion over their school budgets as well as holding them accountable for job performance. She argues for "autonomy in exchange for performance accountability" as part of a bold, far-reaching plan for reclaiming our schools. Her conclusion is logical and convincing. Everyone who reads this book will find his or her perception of public school education changed forever. We cannot accept any longer that a generation of children has been abused by a system that is so full of greed and corruption without screaming "stop!" and "Your game is up!"

Segal reveals how systemic waste and fraud siphon millions of dollars from urban classrooms and shows how money is lost in systems that focus on process rather than on results, as well as how regulations established to curb waste and fraud provide perverse incentives for new forms of both. Anyone who is interested in school reform--this means anyone who pays taxes, is a parent or guardian of a child attending school, and/or who works toward a goal of establishing an education system that puts children first--must read this book. --

Lydia G. Segal is Associate Professor of Criminal Law and Public Administration at John Jay College of Criminal Justice, City University of New York.

The NYC BOE FAMIS Online Tour

The FAMIS Portal Online Tour provides an overview and demonstration of the FAMIS Portal. Computer speakers or headphones are recommended. Choose an item of interest below, or click on the Introduction to proceed through all of the modules in sequence.

About Me

Reporter, paralegal, advocate,I will investigate, search on the internet and in all data bases for information that will help a person in need of resolution to a problem.I believe in substantive and procedural due process for all individuals, groups and organizations and trademarked the term "e-accountability" to describe the purpose of my work. I am the parent of four daughters.

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Testimonials From Some of Our Clients

Dear Betsy,
I am forever indebted to you, Betsy, for your expert advice throughout a horrific ordeal. You worked tirelessly to prove my innocence in a 3020a proceeding that was instigated by a corrupt school district and fueled by lies. My proceedings ended with my complete exoneration, my record expunged and my immediate return to the classroom. We didn’t even need to file an appeal! Thank you, Betsy. I am now eligible to retire and enjoy the benefits you helped me to protect. God bless you and the work you do protecting the innocent.-Maria G.
To whom this may concern,
I want to recommend Betsy Combier as the best person you could have in your corner. From the first day I met Betsy I felt secure. I had the misfortune of having to go through a 3020a hearing and with help of Ms. Combier my job was secure, I don’t know where I would be without Betsy’s help and support. She is still assisting me with my federal case. I could not recommend Betsy any higher, she is a person of her word, and her expertise is important and necessary for everyone with any problem-David P.
I met Betsy Combier approximately about 5 years ago, as a result of a recommendation from a colleague. Since then she has been an advocate of mine ever since, and has worked above and beyond my expectation. Betsy fights against the wrongdoing of public education officials in New York City. Throughout the extremely difficult arbitration, Betsy fought for my unalienable rights, even though my former principal did everything in her power to tarnish my name and damage my career.
Betsy is not an attorney yet she has the experience and knowledge that is above and beyond that of an attorney and follows through on all issues. She is truly an angel from heaven above, and a quality public defender.-Jason R.
I was charged with a 3020A in October 2016 after receiving three developing ratings in a row. I called numerous law firms as well as my union. Most people who I talked to said that I should settle because I was fighting a losing battle. A lawyer told me that anyone that says you can win a 3020A is a liar. I heard about Betsy from a teacher placed in my building who was going through the 3020A process. I hired Betsy and one of the Attorneys who works with her and her company, and won my case! Betsy saved my job and saved my life because she was emotionally supportive at a time when I needed it the most. Betsy goes above and beyond for her clients. She is readily available day and night for her clients. Betsy’s knowledge of education law is exceptional and she was a great help to my attorney. Betsy is relentless and fights hard for her clients. -Laura B.